Duluth UDC § 1120.03

1. An application for Development Plans approval and issuance of a development permit shall be submitted to the Department using an application form and number of copies as determined by the Planning and Development Director. The Development Plans may include only a portion of the property included within an approved Concept Plan. However, if no Concept Plan has been approved, the Development Plans must include the entire property being developed and having the same zoning. The application shall include the Preliminary Plat, and construction drawings. All construction drawings and other engineering data shall be prepared and sealed by a Professional Engineer or Landscape Architect currently registered in the State of Georgia, in accordance with provisions of Georgia Law. 2. Following submission of the Development Plans, including a Preliminary Plat and all construction drawings required for development permit review, a grading permit shall be issued upon the developer's request provided that said permit shall also be based upon a Tree Protection Plan (if required), soil erosion and sedimentation control plan, hydrology study, and related construction drawings, and consistent with an 327 | P a g e Article Eleven. Procedures and Permits approved Certificate issued under the Metropolitan River Protection Act Certificate (if applicable). The grading permit shall be limited to the area within the approved Development Plans and may be further conditioned as deemed appropriate or necessary pending development permit approval. 3. The Planning and Development Director or his/her designee shall indicate on a review copy of the drawings or in a written memorandum all comments related to compliance of the Development Plans with this Development Code, principles of good design, conditions of zoning approval, and the regulations of other departments and State agencies as appropriate. The Director shall have final staff authority to determine the applicability of all comments under this Development Code and conditions of zoning approval. 4. The Planning and Development Director may not approve any Preliminary Plat whereon is shown a lot which would present particularly unusual difficulties for construction of a building, which would clearly require a variance to be reasonably usable, or which is otherwise “unbuildable” because of the presence of floodplain, unusual configuration, lack of public utilities or for any other reason. A House Location Plan (HLP) may be required as a part of the Preliminary Plat approval to substantiate the buildability of any such difficult or unusual lot. 5. The subdivider shall be responsible for compliance with all codes, regulations, and zoning requirements and for the satisfaction of all of the noted and written comments of the Planning and Development Director. 6. Should an applicant disagree with the findings or final review comments of the Planning and Development Director or of any other department or agency having jurisdiction, concluding that factual or interpretive errors have been made, the applicant may file an appeal under the provisions of Article 12. 7. When the Director has determined that the plat and other Development Plans are in compliance with all applicable City regulations and requirements and approval has been received from all other departments and agencies having jurisdiction, he or she shall sign and date a development approval statement (Section 1115.02(2)(v)) which is stamped or printed on a reproducible copy of the plat. Approved copies of the Preliminary Plat and Development Plans shall be transmitted to the applicant and retained by the Department for its records. 8. Following the above approval, a Development Permit shall be issued at the developer's request to begin construction activities based on the approved Development Plans.